Minimum Age Convention, 1973 (No. 138) - Belarus (Ratification: 1979)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the observations of the Belarusian Congress of Democratic Trade Unions (BKDP), received on 31 August 2024.

Articles 3, 4, 6 and 8 of the Convention. Consultations with social partners. The Committee takes note of the BKDP’s observations pointing out the lack of proper consultation with representatives of employees, as required by various Articles of the Convention, including Articles 3, 4 and 6. The BKDP further indicates that all Belarusian independent trade unions, including the BKDP, were unlawfully liquidated, and the Government intentionally engages only with pro-government trade unions. The Committee requests the Government to provide information in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(2). Determination of types of hazardous work. The Committee had previously requested the Government to supply a copy of Decision No. 13, Decree of the Ministry of Labour and Social Protection of 2 February 1995. The Committee notes with interest that this Decree, which was sent by the Government, along with its report, contains a comprehensive list of occupations for which the employment of persons of less than 18 years of age is prohibited.

Article 9(3). Registers of employment. The Committee notes with interest that according to Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on workers’ employment books, a copy which was supplied by the Government, workbooks are to be kept in order to record the labour activity of all workers (including those under 18 years of age) and persons working for the first time must be issued with a workbook in accordance with the recruitment documents given to the worker. The Committee also notes with interest that the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998, annexed to the Government’s report, includes the Instructions on Keeping workers’ workbooks, setting out the requirements for entries in the workbook by employers, and whereby a breach of the procedure for the issue and safekeeping of workbooks renders the guilty person liable to disciplinary, administrative or other measures, in accordance with the law.

Part V of the report form. Practical application of the Convention. The Committee notes the information in the Government’s report that in 2009, over 44,000 trainees and students, of whom 84 per cent were in grades 8–11, were placed in temporary jobs during holidays and free time. To do so, 524 agreements were concluded with various organizations. In the first half of 2010, 20,100 pupils and students, of whom 87 per cent were again in grades 8–11, were placed through 464 agreements. The Committee also notes that 20 per cent of these young workers are so-called problem youth and such employment opportunities provide these young people with work experience, learning opportunities and prevent juvenile crime.

The Committee also notes the statistics in the Government’s report on the number of employment circumstances reviewed by the State Labour Inspectorate on the compliance with the provisions of labour and occupational safety and health legislation. Unfortunately this information was not disaggregated by age, sex or economic sector. The Committee accordingly requests the Government to provide information on the application of the Convention in practice, including statistics of inspection visits relating to child labour, disaggregated by age, sex and economic sector, as well as on the number of violations detected and penalties imposed.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2, paragraph 1, of the Convention. Scope of application. In its previous comments, the Committee noted the Government’s indication that a civil contract according to section 20 of the Civil Code can be concluded with a person of 18 years of age. In order to exercise self-employment or entrepreneurial activities, the person has to register as an individual entrepreneur. The Committee notes in the Government’s report that work activity can take place in only three forms. Apart from a civil contract and self-employment, both mentioned above, work activity can also take place under the form of a contract of employment. Labour relations based on a contract of employment are regulated by the Labour Code, Act No. 296-Z of 26 July 1999 (Labour Code). Section 21 of the Labour Code provides that a contract of employment may be concluded with persons who have attained 16 years of age; similar provisions exist under section 272. (In the case of the written consent of one of the parents, the employment contract may be concluded with persons who have attained 14 years of age, for them to carry out light work provided that it does not harm their health or interfere with their education.)

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted the Government’s indication that the list of occupations for which the employment of persons of less than 18 years of age is prohibited, is approved by Decision No. 13 of the Ministry of Labour and Social Protection of 2 February 1995. The Committee requests the Government to send a copy of Decree No. 13 of 2 February 1995 concerning the list of occupations forbidden to persons under 18 years of age, along with its next report.

Article 9, paragraphs 1 and 2. Appropriate penalties and determination of persons responsible for compliance with the Convention. The Committee had previously noted that the Code of Administrative Violations of 21 April 2003 provides for penalties for different violations of the labour law. It had previously noted that there are no specific provisions concerning child labour. The Committee requested the Government to indicate whether the national legislation provides for penalties for the violation of the requirements of the minimum age for admission to employment. It also requested the Government to provide information on the persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention.

The Committee notes in the Government’s report that, by virtue of section 272 of the Labour Code, a contract of employment may be concluded with persons who have attained 16 years of age. (It may also be concluded with persons between 14 and 16 years of age, if one of their parents has granted written consent thereto, for light work that does not harm their health or development and does not interfere with their school attendance.) Concluding a contract of employment with persons under 16 years of age (or under 14, with the conditions set out above) is a breach of labour legislation. The Committee notes that breaches of labour legislation by legal and natural persons are, pursuant to section 465 of the Labour Code and in accordance with the law, punishable by various measures including administrative responsibility. The Committee further notes that, on 1 March 2007, the Belarus Administrative Offences Code, Act No. 194-Z of 21 April 2003 (Offences Code) entered into force. As per section 9.19 (Breach of Labour Legislation) of the Offences Code, the illegal hiring of a worker by the employer is subject to a fine of 20 to 100 times the base amount. Finally, the Committee notes that the Belarus Administrative Procedures Code, Act No. 194-Z of 20 December 2006 (Procedures Code) provides in its section 3.23 that breaches of labour legislation, such as the one under section 9.19 of the Offences Code, constitute administrative offences and are therefore examined by organs of the State Labour Inspection Department of the Ministry of Labour and Social Security. More specifically, the following are entitled to examine administrative offences: (a) the director of the Department and his deputies; (b) heads of establishments and their deputies; (c) heads of inter-district labour inspectorates and their deputies; (d) heads of sections and; (e) the state labour inspectorate. The Committee requests the Government to supply a copy of the Belarus Administrative Offences Code and the Belarus Administrative Procedures Code in its next report.

Article 9, paragraph 3. Registers of employment. In its previous comments, the Committee noted the Government’s indication that Order No. 94 of 1990 fixes the form of documents to be kept and maintained in enterprises and organizations by employers. Form T-2 is an identity card duly filled in by workers, including young workers, containing information that corresponds to the passport, military card, professional certificates, etc. The Committee requested the Government to supply information regarding the provision requiring employers to keep a register or, in the absence of such provisions, to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee notes in the Government’s report that according to Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on Workers’ Employment Books (Workers’ Employment Books Resolution), workbooks are kept in order to record the labour activity of all workers (including those under 18 years of age). Persons working for the first time must be issued with a workbook in accordance with the recruitment documents given to the worker. The full name of the employee and the date of birth contained in the workbook must be taken from either the passport or the birth certificate; accepting the employee’s word on these details is not permitted. Entries in the workbook are made by the employer in strict compliance with the Instructions on the Keeping of Workers’ Work Books set out in the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998 (Keeping of Workers’ Work Books Order). The responsibility for timely and accurate completion of the workbook, registering, safeguarding and issuing it is assigned to a specially authorized person appointed by the employer.

The Committee further notes that a logbook must be kept by the employer or by a person authorized by the employer. A breach of the procedure for the issue and safekeeping of workbooks renders the guilty person liable to disciplinary, administrative or other measures, in accordance with the law. Finally, the Committee notes that the control of compliance with the procedures for the processing, recording, safekeeping and issuing of workbooks is exercised by organs of the State Labour Inspection Department within the Belarus Ministry of Labour and Social Security. Upon request by such representative organs, the employer must produce the documentation regarding workbooks (such as the logbook) as well as the actual workbooks. The Committee requests the Government to supply a copy of Resolution No. 1635 of the Belarus Council of Ministers of 10 December 1997 on Workers’ Employment Books as well as a copy of the Belarus Ministry of Labour’s Order No. 30 of 9 March 1998 along with its next report.

Part V of the report form. Practical application of the Convention. Following its previous comments, the Committee notes in the Government’s report that in 2006, over 40,000 trainees and students, of whom 80 per cent were in grades 8–11, were placed in temporary jobs during holidays and free time. To do so, 705 agreements were concluded with various organizations. In 2007, 46,200 trainees and students, of whom 80 per cent were again in grades 8–11, were placed through 789 agreements. For the period from January to March 2008, 150 agreements were concluded with organizations. Among these working trainees and students, over 20 per cent are so-called “difficult” adolescents. Such participation gives them the opportunity to get off the streets and work under the supervision of teachers. The Committee further notes that priority in such temporary employment is given to orphans, young people from families of unemployed people, single-parent families, large families and disadvantaged families and also young people in the care of children’s affairs committees.

The Committee notes that in 2007 in the Brest oblast, 156 young people in the care of children’s affairs committees and inspectorates, 390 from boarding schools, 777 from disadvantaged families, 880 from large families and 126 from families of unemployed citizens were placed in temporary work. In Minsk City, in the first quarter of 2008, 93 adolescents in the care of the children’s affairs inspectorate were placed in work. Finally, the Committee notes that for the purpose of further developing the temporary employment of young persons, the state employment promotion programme envisages placing 29,900 young persons in temporary work in 2008. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age and extracts from reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. National Action Plan 2004-10. The Committee had previously noted the adoption of a National Action Plan to improve the position of children and protect their rights and which aims to ensure favourable conditions for the valuable physical, mental and moral development of children, improve their quality of life, and protect them from violence and brutality. The Committee notes the Government’s information that the implementation of this National Action Plan led to the adoption of the following laws: Law No. 216-3 of 2003 on vocational and technical training; Law No. 141-3 of 2006 on general secondary education; Decree No. 73-3 of 2005 on social protection measures for orphans and abandoned children; Decree No. 289 of 2006 on rules for establishing a childcare home; Decree No. 840 of 2006 on state provisions for orphans, abandoned children, and institutions to take care of street children; Decree No. 42 of 2006 on social pedagogical and psychological services in educational institutions; Decree No. 318 of 2006 on the presidential programmes for the children of Belarus for the years 2006-10, the objectives of which include providing conditions for the physical and intellectual development of children, and establishing a comprehensive system of social protection and social integration of children in difficult life situations. This Decree also establishes several time-bound subprogrammes such as: the social protection of family and children; children of Chernobyl; disabled children and orphaned children. The Committee further notes the Government’s information that the coordination of this national programme is the responsibility of the National Commission of the Rights of the Child (NCRC). According to the Government’s report, the functions of the NCRC are to protect children against AIDS, violence, trafficking and exploitation. The Committee further notes the Government’s information that, in Belarus, there exists a network of social pedagogical institutions which includes 140 homes for children and 84 social pedagogical institutions for children living in difficult situations. The Committee takes due note of this information.

Article 2, paragraph 1. Scope of application. The Committee had previously requested the Government to indicate any specific measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s indication that a civil contract according to section 20 of the Civil Code can be concluded with a person of 18 years of age. In order to exercise self-employment or entrepreneurial activities, the person has to register as an individual entrepreneur. The Committee also notes the Government’s information that Presidential Order No. 327 of 19 July 2005 on Additional Measures to Protect Workers’ Labour and Socio-economic Rights and Interests, provides for public supervision of compliance with labour legislation in organizations and by individual entrepreneurs and defines the structures that are empowered to carry out such supervision. The Committee requests the Government to indicate whether the provisions of Presidential Decree No. 327 of 2005 cover those children and young persons who are working on their own account and who are not bound by a contract of employment, or to indicate the legislation or regulations applicable to them and, as appropriate, supply a copy of the texts.

Article 3, paragraph 2. Determination of types of hazardous work. The Committee had previously noted the Government’s indication that the list of occupations for which the employment of persons of less than 18 years of age is prohibited, is approved by Decision No. 13 of the Ministry of Labour and Social Protection of 2 February 1995. The Committee hopes that the Government will send a copy of Decree No. 13 of 2 February 1995 concerning the List of Occupations Forbidden to Persons under 18 years of age, along with its next report.

Article 9, paragraphs 1 and 2. Appropriate penalties and determination of persons responsible for compliance with the Convention. The Committee had previously noted that the Code of Administrative Violations of 21 April 2003 provides for penalties for different violations of the labour law. It had previously noted that there are no specific provisions concerning child labour. The Committee notes the absence of information in the Government’s report on this point. The Committee once again requests the Government to indicate whether the national legislation provides for penalties for the violation of the requirements of the minimum age for admission to employment. It also requests the Government to provide information on the persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention.

Article 9, paragraph 3. Registers of employment. Following its previous comments, the Committee notes the Government’s information that labour inspectors establish the identity of workers under the age of 18 years on the basis of the information contained in form T-2. It further notes the Government’s indication that Order No. 94 of 1990 fixes the form of documents to be kept and maintained in the enterprises and organizations by employers. According to the Government’s report, form T-2 is an identity card duly filled in by workers, including young workers, which contains information that corresponds to the passport, military card, professional certificates, etc. The Committee notes however the absence of information in the Government’s report with regard to the provisions requiring employers to keep a register. It reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified, of persons whom he/she employs or who work for him/her and who are less than 18 years of age. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

Part V of the report form. The Committee notes the Government’s information that the state employment services hire children between the ages of 14 to 18 years during their school vacation or free time from school to work in government establishments. The aim of this programme, according to the Government’s report, is to facilitate children to get acquainted with the working environment and vocational knowledge and labour relations. The Government considers these programmes to be very effective in preventing child delinquencies. The Committee notes the Government’s information that the knowledge acquired through this programme, in particular on labour and employment relations, has led to the suppression of the worst forms of child labour. According to the Government’s report, in 2005 the above programme of temporary employment covered 32,500 children and 20 per cent of these children were child delinquents or street children. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons by age and extracts from reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s information that a National Action Plan to improve the position of children and protect their rights for 2004-10 was adopted on 18 December 2003 which aims, inter alia, to "ensure favourable conditions for the valuable physical, mental and moral development of the next generation, improve the quality of children’s lives, preserve their health and form the habits of a healthy lifestyle; and protect them from violence and brutality". It also notes that item 108 of this Action Plan provides for the "creation of conditions for employing minors whilst taking into account current legislation and international norms and improving the analysis of data on the labour of minors". The Committee takes due note of this information and requests the Government to provide information in its next report on the specific measures undertaken to implement the aims set down in the Action Plan and on the results attained.

Article 2, paragraph 1. Scope of application. The Committee had previously noted that section 272(1) of the Labour Code of the Republic of Belarus prohibits the conclusion of a labour contract with a person under 16 years of age. The Committee had also noted that the Labour Code only covers labour relations resulting from a contract. The Committee had requested the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing an economic activity that is not covered by a labour contract, such as self-employment. The Committee notes the Government’s statement that the Labour Code sets the requirement of formalizing labour relations between an employer and a worker by means of a written labour contract and that the State Labour Inspectorate authorities monitor the observance of the labour legislation including the due formalization of employment relations. The Committee also notes that the Department of the State Labour Inspectorate of the Ministry of Labour did not find any infringements in relation with the implementation of the Convention. The Committee notes however that the Government has not communicated any information on provisions of the national legislation, which set forth the prohibition upon persons under 16 years of age from performing work outside the framework of an employment contract. The Committee once again reminds the Government that the Convention applies not only to work under an employment contract, but to all types of work or employment regardless of the existence of a contractual relationship. The Committee therefore once again requests the Government to indicate any specific measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 3, paragraph 1. Age for admission to hazardous work. The Committee had previously noted that, according to section 274(1) of the Labour Code of the Republic of Belarus, it is prohibited to employ persons under 18 years of age in heavy or hazardous work, as well as underground work and work in the mining industry. It had noted that, while this provision covers work likely to jeopardize the health and safety of children, it does not cover types of work likely to harm their morals. It had also noted that article 32 of the Constitution of Belarus prohibits the performance by children of types of work which may damage their physical, mental or moral development, and in this regard had requested the Government to indicate the provisions of the national labour legislation that implement article 32 of the Constitution. The Committee notes the Government’s statement that the State’s main objective with regard to the family and children is to ensure the child’s right to valuable physical, mental, moral and social development and a family environment. It also takes note of the Government’s statement that this objective is accomplished by a number of legislative and normative documents, such as the Code on Marriage and Family, the Labour Code and a number of laws in the area of social protection. The Committee notes however that the abovementioned legislative documents do not appear to contain a direct prohibition of employment of children under 18 years of age in work which is likely to jeopardize their morals. The Committee therefore requests the Government to indicate whether the national legislation contains provisions prohibiting employment of persons under 18 years of age in work likely to harm their morals and, if not, to take the necessary measures to explicitly set out in the national legislation the minimum age of 18 years for admission to such types of work.

Article 3, paragraph 2. Determination of types of hazardous work. In its previous comments the Committee had noted that section 274(2) of the Labour Code provides that a list of types of work in which the employment of persons under 18 years of age is prohibited shall be drawn up by the Government or a body authorized by it. The Committee had noted the Government’s information that the Ministry of Labour, by Decision No. 13 of 1 February 1995, approved a list of types of work prohibited for persons under 18 years of age, and had requested the Government to provide a copy of this Decision. The Committee had also asked the Government to provide a copy of Decision No. 116 of 18 December 1997 which establishes limits to the weights that persons between 14 and 18 years of age are allowed to lift. The Committee notes that the Government has provided a copy of Decision No. 116 of 18 December 1997, but has not provided a copy of Decision No. 13 of 1 February 1995. The Committee therefore once again requests the Government to supply a copy of Decision of the Ministry of Labour No. 13 of 1 February 1995, which sets a list of types of work prohibited for persons under 18 years of age.

Article 7, paragraphs 1 and 2. Light work and vocational training. The Committee notes that the Government has provided copies of Decision of the Council of Ministers No. 1598 of 14 October 2000 and of Joint Decision No. 32/66/22/91 of 29 March 2001 concerning vocational training, the objectives of which are to secure vocational training and employment for young persons.

Article 7, paragraph 3. Determination of light work. The Committee had previously asked the Government to provide a copy of the list of types of light work that may be performed by persons between 14 and 16 years of age. The Committee takes note of Decision of the Ministry of Health No. 9 of 29 April 2000, provided by the Government, which sets the list of types of light work that may be performed by persons between 14 and 16 years of age. The Committee notes that this list contains different types of agricultural work, work in forests, planting of trees and environment planning, delivery of correspondence and work performed in school workshops. The Committee also takes note of Decision No. 860 of the Council of Ministers of 9 July 1999 respecting the participation of school children in agricultural work. The Committee notes that according to this Decision school children from the age of 14 years may participate in agricultural work, which is not harmful for their development and which does not prejudice their attendance at school or, alternatively, is a part of their vocational training. It notes that children between 14 and 16 years of age may not participate in such work for more than 24 hours a week and four hours a day. The Committee takes due note of this information.

Article 9, paragraphs 1 and 2. Appropriate penalties and determination of persons responsible for compliance with the Convention. The Committee notes that the new Code of Administrative Violations was adopted on 21 April 2003 No. 194-3 and according to its section IV it will come into force by a special law. The Committee notes that sections 9.15-9.19 of this Code provide for penalties for different violations of the labour law. It notes however that there are no specific provisions concerning child labour. The Committee therefore requests the Government to indicate whether the national legislation provides for penalties for the violation of the requirements of the minimum age for admission to employment. It also asks the Government to provide information on persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention. Finally, the Committee requests the Government to indicate whether the new Code of Administrative Violations has come into force.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that no provisions in the national legislation appear to set forth the obligation for the employer to keep a register containing the names and age or date of birth of persons under 18 years of age whom they employ. The Committee notes that the Government’s report contains no information on this subject. It reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, national laws or regulations or the competent authority shall prescribe the registers or other documents which shall be kept and made available by the employer containing the names and ages or dates of birth, duly certified possible, of persons whom he employs or who work for him and who are less than 18 years of age. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons and extracts from the reports of inspection services. It also asks the Government to provide information on the number and nature of the contraventions reported and penalties imposed.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report.

Articles 1 and 2, paragraph 3, of the Convention. In its previous comments, the Committee noted that a reform of general secondary education had been approved, the objective of which was to raise the compulsory school-leaving age to 16 years. The Committee notes with interest the information provided by the Government that Act No. 95-3 of 19 March 2002 has harmonized the age of completion of compulsory education with the minimum age for admission to employment or work, namely 16 years.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted that section 3 of the Labour Code of 1999 provides that the Code applies to all workers and employers parties to a labour contract in the territory of Belarus. It also noted that section 272(1) of the Labour Code prohibits the conclusion of a labour contract with a person under 16 years of age. The Committee noted that by virtue of these provisions, the Labour Code of 1999 only covers labour relations resulting from a contract. The Committee notes the information provided by the Government in its report, which confirms the position set out above. However, it once again recalls that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a labour contract. It therefore once again requests the Government to provide information on the manner in which the protection envisaged by the Convention is secured for children performing an economic activity that is not covered by a labour contract, such as self-employment.

Article 3, paragraph 1. In its previous comments, the Committee noted that section 274(1) of the Labour Code forbids the employment of persons under 18 years of age in heavy work or work performed under hazardous or risky conditions, as well as underground work and in the mining industry. It noted that, while this provision covers work likely to jeopardize the health or safety of children, it does not however cover types of work likely to harm their morals. In its report, the Government once again indicates that article 32 of the Constitution of Belarus prohibits the performance by children of types of work which may damage their physical, mental or moral development. The Committee requests the Government to indicate the provisions of the national labour legislation that implement article 32 of the Constitution.

Article 3, paragraph 2. In its previous comments, the Committee noted that section 274(2) of the Labour Code provides that a list of types of work in which the employment of persons aged under 18 years is prohibited shall be drawn up by the Government or a body authorized by it. In its report, the Government indicates once again that the Ministry of Labour, by Decision No. 13 of 1 February 1995, approved a list of types of work prohibited for persons under 18 years of age. It also states that Decision No. 116 of the Ministry of Labour, of 18 December 1997, establishes limits to the weights that persons between 14 and 18 years of age are allowed to lift. The Committee requests the Government to provide a copy of Decision No. 13 of 1 February 1995 and of Decision No. 116 of the Ministry of Labour of 18 December 1997. It also requests it to indicate whether prior consultations were held with the organizations of employers and workers concerned, in accordance with Article 3, paragraph 2, of the Convention.

Article 6. The Committee notes the information provided by the Government in its report to the effect that the age of the commencement of vocational training and apprenticeship is 15 years. It also notes the statistical data on students engaged in vocational training and apprenticeship.

Article 7, paragraphs 1 and 2. Light work and vocational training. Further to its previous comments, the Committee notes that, by Decision No. 1598 of 14 October 2000, the Council of Ministers adopted a programme to develop vocational training for young persons, the objective of which is to secure both their training and their employment. It also notes that this programme was approved by Joint Decision No. 32/66/22/91 of 29 March 2001 of the Ministry of Labour, the Ministry of the Economy and the State Committee for Youth. The Committee notes that this programme to develop vocational training currently covers young persons between 15 and 18 years of age and that, once the reform of the general education system is fully implemented, the programme will cover young persons between 16 and 18 years of age. The Committee requests the Government to provide a copy of Decision No. 1598 of 14 October 2000 and of Joint Decision No. 32/66/22/91 of 29 March 2001.

Article 7, paragraph 3. Determination of light work. In its previous comments, the Committee noted that section 272(3) of the Labour Code provides that a list of types of light work that may be performed by persons between 14 and 16 years of age was to be adopted by the Government or by an institution authorized to do so. In this respect, the Committee notes the information provided by the Government in its report that a list of types of light work that may be performed by persons between 14 and 16 years will be approved by the Government or a body authorized to do so. The Committee also notes that sections 114 and 115 of the Labour Code set forth the conditions of employment for persons between 14 and 16 years of age, namely that they may only work 23 hours a week and that their daily working time may not exceed 4 hours and 36 minutes. The Committee requests the Government to provide a copy of the list of types of light work that may be performed by persons between 14 to 16 years of age, once it has been adopted.

Article 9. The Committee had noted that section 199 of the new Penal Code of 9 July 1999 provides for the imposition of sanctions, such as fines and correctional measures, against those violating the labour legislation. Noting that the Government does not provide any new information on this point, it once again requests the Government to supply information concerning the application in practice of section 199 of the Penal Code of 1999 and to indicate the persons responsible for compliance with the provisions giving effect to the Convention, as envisaged in Article 9, paragraph 2, of the Convention.

The Committee notes that no provisions in the national legislation appear to set forth the obligation for the employer to keep a register containing the names and age or date of birth of persons whom they employ who are under 18 years of age, in accordance with Article 9, paragraph 3, of the Convention. The Committee therefore once again requests the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee requests the Government to provide a copy of the following legislative texts:

-  Order No. 271 of 31 August 1993;

-  Order No. 272 of 31 August 1993;

-  Order No. 252 of 16 September 1994;

-  Decision No. 13 of 1 February 1995;

-  Order No. 201/51 of 2 June 1995;

-  Order No. 430 of 4 November 1995;

-  Decision No. 116 of the Ministry of Labour of 18 December 1997;

-  Order No. 493 of 13 August 1998;

-  Decision No. 860 of the Council of Ministers of 9 July 1999 respecting the participation of school children in agricultural work;

-  the Regulations on vocational training, approved by Decision No. 46 of the Ministry of Education, of 9 February 1999;

-  Decision No. 1598 of 14 October 2000;

-  Decision No. 32/66/22/91 of 29 March 2001;

-  the Code of Administrative Violations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

Articles 1 and 2, paragraph 3, of the Convention. The Committee notes the information supplied by the Government regarding the reform of secondary education, approved by Decision No. 554 of 21 August 1996, by the Executive. In particular, it notes the draft legislation that is going to amend the present legislation on education, and to fix at 16 years the age for the end of compulsory education. The Committee requests the Government to indicate whether such draft legislation has been adopted and, in this case, requests the Government to supply a copy to the Office.

Article 2, paragraph 1. The Committee notes that section 3 of the Labour Code of 1999 states that the Code applies to all workers and employers with a labour contract in the territory of Belarus. It notes that section 272, paragraph 1, of the Code forbids persons under 16 years of age to stipulate a labour contract. The Committee deems that according to this section of the Labour Code of 1999 only labour relations covered by a contract are considered. In this regard, the Committee observes that the Convention applies to all sectors of economic activity, to all forms of employment or work, whether a contract exists or not, or whether there is remuneration or not. Therefore, it requests the Government to take all the necessary measures to ensure that all labour relations involving children are covered by the national legislation.

Article 3, paragraph 1. The Committee notes that section 274, paragraph 1, of the Labour Code forbids persons under 18 years of age to be employed in heavy work, or under risky and dangerous conditions, in underground work and in the mines. The Committee observes that, if this provision is supposed to cover only work likely to jeopardize the health or safety of children, it does not cover work likely to harm their morals. In its report, the Government indicated that section 32 of the Constitution of Belarus forbids children to perform work that can damage their physical, mental or moral development. The Committee requests the Government to indicate the provisions in the national labour legislation, which complies with section 32 of the Constitution.

Article 3, paragraph 2. Further to its previous comments, the Committee notes that section 274, paragraph, 2, of the Labour Code states that a list of occupations in which persons under 18 years cannot be employed will be determined by the Government or by an authorized organ. In its report the Government indicated that the Ministry of Labour, through Decision No. 13 of 1 February 1995 approved a list of occupations forbidden to persons under 18 years of age. It mentioned also that Decision No. 116 of 18 December 1997 by the Ministry of Labour established the limits in the weights that persons between 14 and 18 years of age are allowed to raise. The Committee requests the Government to supply a copy of Decision No. 13 of 1 February 1995 and Decision No. 116 of 18 December 1997, and to indicate whether the organizations of workers and employers have been consulted, according to Article 3, paragraph 2.

Article 6. The Committee notes the information supplied by the Government in its report regarding regulations on professional education, and, particularly, Decrees No. 271 and No. 272 of 31 August 1993, No. 252 of 16 September 1994, No. 201/51 of 2 June 1995, No. 430 of 4 November 1995 and No. 493 of 13 August 1998, by the Ministry of Education, which discipline work that is part of vocational training. In its previous comments, the Committee noted that Chapter 13 of the Labour Code of 1972 disciplined apprenticeship in enterprises, but did not fix a minimum age for admission to apprenticeship. The Committee recalled that the Convention did not apply to work performed by persons at least 14 years of age when they are an integral part of a programme of professional education. The Committee observes that Chapter 15 of the Labour Code of 1999 fully restates Chapter 13 of the Labour Code of 1972. The Committee again requests the Government to indicate the minimum age for apprenticeship in enterprises and to supply statistical data on children and young workers who are involved in apprenticeship programmes. It also requests the Government to indicate whether the workers’ and employers’ organizations have been consulted, in conformity with Article 6.

Article 7, paragraphs 1 and 2. The Committee notes that section 272, paragraph 2, of the Labour Code states that a labour contract can be drawn up, after the written consent of at least one parent (adoptive parent or guardian) of persons who have reached 14 years of age to perform light work that does not harm the health or the development of the worker and does not prejudice school attendance. The Committee requests the Government to indicate whether children between 13 and 15 years of age participate in vocational orientation of training programmes approved by the competent authority.

Article 7, paragraph 3. The Committee notes that section 272, paragraph 3, of the Labour Code states that a list of light work that can be performed by persons between 14 and 16 years of age will be adopted by the Government or by the competent authority. However, the Government’s report does not mention such a list. Further to its previous comments, the Committee recalls again that, according to Article 7, paragraph 3, of the Convention, the competent authority will determine the activities in which employment or work may be permitted. Therefore, it asks the Government to indicate the measures envisaged or taken to give effect to this provision of the Convention.

Article 9. The Committee notes that section 199 of the new Penal Code of 9 July 1999 provides sanctions and appropriate penalties for violators of the labour law. The Committee requests the Government to supply information concerning the practical application of section 199 of the Penal Code of 1999 and to define the persons responsible for compliance with the provisions of the Convention, according to Article 9, paragraph 2, of the Convention.

The Committee observes that no provisions in the national legislation seem to require the obligation for the employer to keep registers, where to note the names, ages or dates of birth of persons employed who are less than 18 years of age, according to Article 9, paragraph 3, of the Convention. The Committee requests the Government to take the necessary measures so that the national legislation complies with this Article of the Convention.

The Committee asks the Government to supply a copy of the following legislation:

-  Decree No. 271 of 31 August 1993;

-  Decree No. 272 of 31 August 1993;

-  Decree No. 252 of 16 September 1994;

-  Decree No. 201-51 of 2 June 1995;

-  Decree No. 430 of 4 November 1995;

-  Decree No. 493 of 13 August 1998, by the Ministry of Education;

-  Law on Education;

-  Model rules of entering a vocational training school, approved by the Order of the Ministry of Education of the Republic of Belarus, of 9 February 1999, No. 46;

-  Code of administrative violations.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee requests the Government to supply further information on the following points.

Article 3, paragraph 2, of the Convention. The Committee requests the Government to supply a copy of the legislative provisions adopted under section 175 of the Labour Code concerning the work in which persons under 18 years of age are prohibited from engaging.

Article 6. The Committee notes that Chapter 13 of the Labour Code provides for the organization of apprenticeship in undertakings. It recalls that the Convention excludes from its scope work done by persons at least 14 years of age as an integral part of an approved programme of training. The Committee therefore requests the Government to supply further information on this point, for example, the minimum age for apprentices in an undertaking and statistics on the number of children or young persons working as apprentices.

Article 7, paragraph 3. In its previous comment, the Committee notes that section 173(2) of the Labour Code permits persons of 14 years of age or older to conclude a contract of work with a written consent from their parent or guardian. It recalls that the Convention requires the competent authority to determine the activities in which such young persons may be permitted to participate, and to prescribe the number of hours of work and the conditions of employment or work. In the absence of information on this point, the Committee requests the Government to indicate measures taken in this respect.

Point V of the report form. The Committee requests the Government to continue to supply information on the application in practice of the Convention, including, for instance, statistical data, extracts from official reports and information on the number and nature of contraventions reported. It asks the Government to include information also on work done outside an employment relationship, such as own-account work, which is not covered by section 173 of the Labour Code but falls within the scope of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee has noted the detailed information supplied by the Government in reply to its general observation of 1995. It notes in particular the Government's efforts to reinforce vocational training and guidance, and to support families in difficulties in the context of political and economic reforms. The Committee requests the Government to continue to supply information on various social measures taken in so far as they have bearing on the application of the Convention.

The Committee also notes the Government's intention to expand compulsory education to raise the age of completion of compulsory education up to the minimum age for employment (16 years). It recalls that the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of completion of compulsory education. The Committee, however, considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146, so as not to leave a period of forced idleness between the two ages. It hopes, therefore, that the Government will indicate any development in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee requests the Government to supply a copy of legislative provisions adopted under section 175 of the Labour Code concerning the work in which persons under 18 years of age are prohibited from engaging (Article 3(2) of the Convention).

The Committee refers to the provisions of the Labour Code and the Rights of the Child Act that permit the conclusion of a work contract with a person of 14 years of age or older, noted in the observation. It notes that these provisions require a written consent of a parent or persons acting in the place of parents, but that they do not limit the activities that the young person may engage in. The Committee points out that Article 7(3) of the Convention requires the competent authority to determine the activities in which such young persons may be permitted, and to prescribe the number of hours of work and the conditions of employment or work. It requests the Government to indicate the measures taken in this respect.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous observation, the Committee notes that the provisions of section 21 of the Rights of the Child Act, in its final form, are in line with the provisions of section 173 of the Labour Code in its December 1992 version: they permit the conclusion of a work contract with a person of 14 years of age or older subject to the written consent of a parent or persons acting in loco parentis; persons of 16 years of age or older can conclude such a contract independently. The provision contained in an earlier version of the Rights of the Child Act allowing the employment of children from the age of 12 under certain conditions, which would have contravened the minimum ages set forth by the Convention, was thus replaced by the above-mentioned provisions.

The Committee is also addressing a direct request to the Government concerning certain points.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its reports under Conventions 79 and 90 to the effect that under the Labour Code of the Republic of Belarus it is unlawful to conclude a work contract with a juvenile of less than 16 years of age. Section 173 of the Code authorizes the conclusion of contracts with persons of over 14 years of age subject to the written consent of a parent or persons acting in loco parentis.

The Committee also notes the information supplied by the Government in its report submitted under article 44 of the Convention on the Rights of the Child (CRC/C/3/Add.14) to the effect that Parliament passed the Rights of the Child Act at its first reading. Section 2 of the above Act provides that the Act is, "after the Constitution of the Republic of Belarus, the basis of other legislation relating to the rights and interests of children". The Committee notes that under section 21(1) of the above Act, the child "may with the consent of the parents or persons acting in loco parentis be admitted to suitable employment, combined with his or her studies, from the age of 12". It also notes the Government's explanations in the above-mentioned report that the minimum age for admission to employment was set at 12 years on the basis of physiological and medical data which indicate that the small muscles of the hand are fully formed at this age. The Government also refers to a poll carried out in 1990 in the former Soviet Union by the staff of the Child Research Institute of the USSR Academy of Pedagogical Sciences, which put the optimum age for admission to wage earning at 12 years.

The Committee asks the Government to indicate whether the Rights of the Child Act, adopted by Parliament at its first reading, has been promulgated, and to provide a copy of it. It asks the Government to indicate the measures taken to ensure observance of the provisions of the Convention which provides for an exemption from the minimum age for admission to work for persons of 13 to 15 years of age, engaged in light work (Article 7 of the Convention).

[The Government is asked to report in detail for the period ending 30 June 1994.]